This order was given by a division bench of Justice Anjani Kumar Mishra and Justice Deepak Verma while dismissing the petition of Rahul Pandey and two others. The Court held that the High Court has no power to interfere with the investigation in exercise of its power under Article 226.
The Allahabad High Court held that in criminal cases, the accused person does not have the option to fix the place for questioning. The investigative agency and the investigating officer have the right to fix the venue for questioning.
This order was given by a division bench of Justice Anjani Kumar Mishra and Justice Deepak Verma while dismissing the petition of Rahul Pandey and two others. The Court held that the High Court has no power to interfere with the investigation in exercise of its power under Article 226.
An FIR was registered against the petitioner in the case at Shikohabad police station in Firozabad district. It was alleged that on getting information, the police caught a truck and on its search, recovered about four and a half quintals of ganja in the driver’s cabin. Two people in the truck were arrested.
After this, notice was issued by the trial court to the petitioners Rahul Pandey and two others under Section 67 of the Narcotic Drugs and Psychotropic Substances Act 1985 (NDPS Act). In this, he was asked to appear in the Narcotics Control Bureau office in Lucknow on January 5, 2022.
To this the petitioners in reply expressed their inability to present themselves and prayed that their statement be recorded in the district Hathras but this was rejected by the concerned department. Thereafter the petitioners filed this petition. There was a demand to quash the FIR.
